Clean Energy Investment Assurance Act of 2007

Mr. President, I rise today to introduce legislation that I believe is an important component of comprehensive energy policy. In order to transition away from an overreliance on fossil fuels, we must promote investments in clean energy generation using renewable resources and reduce the growth in demand for energy by stressing efficiency.

I think every Member of the Senate recognizes that while there is no single technological silver bullet for our energy problems, there are many emerging technologies that if adopted and deployed could go a long way in meeting our vexing energy security and climate challenges.

We also know that Government can play a key role setting technology standards and clean energy goals, but shifting our Nation's and the world's energy system to clean energy alternatives will take substantial private sector investment. Here, too, the Government can play a key role by enabling the market conditions that will take the technology from the laboratory and turn it into fully operational energy producing facilities.

A number of reports have suggested that private investment in energy technologies is on the rise. While estimates vary widely, New Energy Finance has reported that 1,246 private equity funds put more than $70 billion into clean energy technologies in 2006--a 43-percent increase relative to 2005. Similarly, a survey conducted late last year by the National Venture Capital Association found that more than 90 percent of respondents expect to increase investment in the energy sector in 2007.

This is a unique time. There is growing consensus that our Nation's energy demands need to be better and more smartly managed and, more importantly, consensus that those growing energy demands should be met using clean, renewable energy resources.

The Clean Energy Investment Assurance Act of 2007, which I introduce along with my colleagues, Senators Gordon Smith and John Kerry, responds to the clear message that was delivered to both the Senate Energy and Senate Finance Committees by businesses that are on the cutting edge in this area. What we heard from the renewable energy community and the investment community is that what they need most is some certainty in the Tax Code.

This type of Federal assistance will support the needed long-term investments that ultimately will drive down the costs of electricity from renewable sources. Once the market for these new technologies is up and running, such facilities will be economically self-sustaining and profitable.

Our legislation adheres to the following principles:

Certainty. We put the existing tax incentives in place long enough to drive investment dollars so these new technologies can be commercialized. The core of this bill is a 5-year extension and modification of the production tax credit. This tax credit is designed to help businesses and utilities diversify their sources of energy and promote energy production using biomass, wind power, hydropower, geothermal power, and other clean, renewable resources. In addition, we extend for 8 years the investment tax credit that is so important in encouraging the large upfront outlay of capital that is required for solar and fuel cell power plants.

Technological neutrality. This bill levels the playing field by providing an incentive to both thermal energy production and electricity production that use renewable resources. It also modifies the tax credits to increase the incentive effect for all renewable technologies that can produce energy with zero carbon emissions.

Parity between investor-owned utilities and consumer-owned public power utilities. The bill provides a powerful, complementary incentive through the Clean Renewable Energy Bond Program so that public power and consumer-owned utilities that cannot benefit from tax credits are not financially disadvantaged when they invest in renewable facilities. Public power utilities are required to meet State renewable portfolio standards in the same way as investor-owned utilities, and Government should provide comparable financial incentives so that ultimately the cost of electricity can be reduced for all customers.

Importance of efficiency. This bill includes provisions that better utilize the incentives in the Tax Code to promote energy efficiency in manufacturing, construction of ``green buildings,'' and more efficient homes. These tax incentives help defray the additional costs associated with using new energy-efficient technologies, systems, and materials to construct and retrofit factories, commercial buildings, and houses in order to reduce energy demand. I know Senator Snowe has done a great deal of work in this area, and I look forward to working with her on these important provisions.

Another key component in this regard is an inducement for customers and utilities to upgrade to ``smart meters.'' A ``smart meter'' is a device with an electronic circuit board containing computer chips and a digital communications device. It allows a customer to interact with a utility in real time. This interaction allows the utility to better forecast and manage energy load and the customer can manage his energy use to lower the cost.

The electromechanical meter, the device that measures energy use with the little wheels turning inside it that is hooked up to almost every home and business in America, is almost the

same as when it was invented in the 1930s, when FDR was President.

Inefficient use of energy forces utilities to invest millions in building plants that operate only when energy demand peaks. As a result, the power these plants generate costs far more than power from other sources. This means more expensive power when demand is high.

Our bill would allow a faster recovery period for the costs of installing these new ``smart meters,'' which will make it easier for consumers to reduce energy use during these peak periods and shift their energy use to low-demand, low-cost times of the day.

We know that we don't have an unlimited pool of Federal resources, and I believe strongly that the Finance Committee should redirect subsidies that historically have propped up the oil and gas industry to now support this new direction in energy policy.

Our tax policy here should be driven by our energy policy goals. We cannot make a long-term difference with start-and-stop tax policy. But we must be mindful that after a reasonable period all tax incentives should be reexamined to see whether we have gotten the results we anticipated and whether the marketplace is ready to function on its own.

We should focus tax incentives where they will have the greatest impact in helping meet those goals. While this bill seeks to address renewable power and efficiency, I plan to continue working on legislation to effectively align the other incentives in the Tax Code that are designed to promote alternative fuels and vehicles.

We all witnessed how innovation in information technologies served as a forceful driver of productivity and economic growth in the recent past.

Energy technology innovations now have similar potential to fuel a new wave of economic growth and job creation.

I would like to note that this bill has already received the support of the following organizations: American Forest Resource Council; American Public Power Association; Biomass Investment Group; Energy Northwest; Large Public Power Council; Northwest Public Power Association; Southern California Public Power Authority; Solar Energy Industries Association; USA Biomass Power Producers Alliance; Chelan County PUD, Snohomish County PUD, Tacoma Power, and Seattle City Light; Washington Public Utility Districts Association; Simpson Investment Company, Tacoma; National Hydropower Association; Seattle Steam; and TechNet.

We have a tremendous opportunity in this Congress to set a new course in energy, environmental, and economic policy for the 21st century, and I hope we aggressively move forward and meet this challenge.

I ask unanimous consent that a section-by-section summary of the Clean Energy Investment Assurance Act of 2007 be printed in the Record.

Mr. President, I rise today to introduce legislation that I believe is an important component of comprehensive energy policy. In order to transition away from an overreliance on fossil fuels, we must promote investments in clean energy generation using renewable resources and reduce the growth in demand for energy by stressing efficiency.

I think every Member of the Senate recognizes that while there is no single technological silver bullet for our energy problems, there are many emerging technologies that if adopted and deployed could go a long way in meeting our vexing energy security and climate challenges.

We also know that Government can play a key role setting technology standards and clean energy goals, but shifting our Nation's and the world's energy system to clean energy alternatives will take substantial private sector investment. Here, too, the Government can play a key role by enabling the market conditions that will take the technology from the laboratory and turn it into fully operational energy producing facilities.

A number of reports have suggested that private investment in energy technologies is on the rise. While estimates vary widely, New Energy Finance has reported that 1,246 private equity funds put more than $70 billion into clean energy technologies in 2006--a 43-percent increase relative to 2005. Similarly, a survey conducted late last year by the National Venture Capital Association found that more than 90 percent of respondents expect to increase investment in the energy sector in 2007.

This is a unique time. There is growing consensus that our Nation's energy demands need to be better and more smartly managed and, more importantly, consensus that those growing energy demands should be met using clean, renewable energy resources.

The Clean Energy Investment Assurance Act of 2007, which I introduce along with my colleagues, Senators Gordon Smith and John Kerry, responds to the clear message that was delivered to both the Senate Energy and Senate Finance Committees by businesses that are on the cutting edge in this area. What we heard from the renewable energy community and the investment community is that what they need most is some certainty in the Tax Code.

This type of Federal assistance will support the needed long-term investments that ultimately will drive down the costs of electricity from renewable sources. Once the market for these new technologies is up and running, such facilities will be economically self-sustaining and profitable.

Our legislation adheres to the following principles:

Certainty. We put the existing tax incentives in place long enough to drive investment dollars so these new technologies can be commercialized. The core of this bill is a 5-year extension and modification of the production tax credit. This tax credit is designed to help businesses and utilities diversify their sources of energy and promote energy production using biomass, wind power, hydropower, geothermal power, and other clean, renewable resources. In addition, we extend for 8 years the investment tax credit that is so important in encouraging the large upfront outlay of capital that is required for solar and fuel cell power plants.

Technological neutrality. This bill levels the playing field by providing an incentive to both thermal energy production and electricity production that use renewable resources. It also modifies the tax credits to increase the incentive effect for all renewable technologies that can produce energy with zero carbon emissions.

Parity between investor-owned utilities and consumer-owned public power utilities. The bill provides a powerful, complementary incentive through the Clean Renewable Energy Bond Program so that public power and consumer-owned utilities that cannot benefit from tax credits are not financially disadvantaged when they invest in renewable facilities. Public power utilities are required to meet State renewable portfolio standards in the same way as investor-owned utilities, and Government should provide comparable financial incentives so that ultimately the cost of electricity can be reduced for all customers.

Importance of efficiency. This bill includes provisions that better utilize the incentives in the Tax Code to promote energy efficiency in manufacturing, construction of ``green buildings,'' and more efficient homes. These tax incentives help defray the additional costs associated with using new energy-efficient technologies, systems, and materials to construct and retrofit factories, commercial buildings, and houses in order to reduce energy demand. I know Senator Snowe has done a great deal of work in this area, and I look forward to working with her on these important provisions.

Another key component in this regard is an inducement for customers and utilities to upgrade to ``smart meters.'' A ``smart meter'' is a device with an electronic circuit board containing computer chips and a digital communications device. It allows a customer to interact with a utility in real time. This interaction allows the utility to better forecast and manage energy load and the customer can manage his energy use to lower the cost.

The electromechanical meter, the device that measures energy use with the little wheels turning inside it that is hooked up to almost every home and business in America, is almost the

same as when it was invented in the 1930s, when FDR was President.

Inefficient use of energy forces utilities to invest millions in building plants that operate only when energy demand peaks. As a result, the power these plants generate costs far more than power from other sources. This means more expensive power when demand is high.

Our bill would allow a faster recovery period for the costs of installing these new ``smart meters,'' which will make it easier for consumers to reduce energy use during these peak periods and shift their energy use to low-demand, low-cost times of the day.

We know that we don't have an unlimited pool of Federal resources, and I believe strongly that the Finance Committee should redirect subsidies that historically have propped up the oil and gas industry to now support this new direction in energy policy.

Our tax policy here should be driven by our energy policy goals. We cannot make a long-term difference with start-and-stop tax policy. But we must be mindful that after a reasonable period all tax incentives should be reexamined to see whether we have gotten the results we anticipated and whether the marketplace is ready to function on its own.

We should focus tax incentives where they will have the greatest impact in helping meet those goals. While this bill seeks to address renewable power and efficiency, I plan to continue working on legislation to effectively align the other incentives in the Tax Code that are designed to promote alternative fuels and vehicles.

We all witnessed how innovation in information technologies served as a forceful driver of productivity and economic growth in the recent past.

Energy technology innovations now have similar potential to fuel a new wave of economic growth and job creation.

I would like to note that this bill has already received the support of the following organizations: American Forest Resource Council; American Public Power Association; Biomass Investment Group; Energy Northwest; Large Public Power Council; Northwest Public Power Association; Southern California Public Power Authority; Solar Energy Industries Association; USA Biomass Power Producers Alliance; Chelan County PUD, Snohomish County PUD, Tacoma Power, and Seattle City Light; Washington Public Utility Districts Association; Simpson Investment Company, Tacoma; National Hydropower Association; Seattle Steam; and TechNet.

We have a tremendous opportunity in this Congress to set a new course in energy, environmental, and economic policy for the 21st century, and I hope we aggressively move forward and meet this challenge.

I ask unanimous consent that a section-by-section summary of the Clean Energy Investment Assurance Act of 2007 be printed in the Record.

Mr. President, I rise to introduce legislation that would provide immunity to individuals who report suspicious activities that may reflect terrorist threats to our transportation system. I am very honored that Senators Kyl and Lieberman have joined me in introducing this important bill.

The recent arrest in New Jersey of six men charged with conspiring to murder American soldiers at Fort Dix underscores the need for this bill. Law enforcement officials have noted that their investigation was triggered by the report of an alert store clerk who said a customer had brought in a video that showed men firing weapons and shouting in Arabic. This reminded the store clerk of the 9/11 terrorists.

But for the report of this store clerk, it is unlikely this potential plot against Fort Dix--a plot that if executed would have caused the loss of lives--would have been uncovered. That store clerk's action may have saved literally hundreds of lives and represents a core truth of the dangerous times in which we live. Our safety depends on more than just police officers, intelligence analysts, and soldiers. It also depends on the alertness and civil responsibility of ordinary American citizens, including the peaceful and tolerant people who form the vast majority of America's Muslim communities.

We must encourage average citizens to be watchful and report behavior that appears to be suspicious or threatening. That imperative is especially strong in the area of mass transportation, where there is the potential for mass casualties, where vehicles and aircraft can be used as weapons, and where there is often only a brief period of time for assessing and reacting to alarming behavior. That is why the slogan ``See something, say something,'' is used in the New York subway.

Unfortunately, we have seen that plaintiffs can misuse our legal system to chill the willingness of average citizens to come forward and report possible dangers. As was widely reported last fall, six Islamic clerics were removed from a USAirways flight after other passengers expressed concerns that some of the clerics had moved out of their assigned seats and had requested, but apparently were not using, seatbelt extenders that could possibly double as weapons.

As a result of that incident, what happened? Well, the USAirways officials decided to remove these individuals from the plane so they could further investigate. What happened to the individuals who courageously came forward and reported this suspicious behavior? Unbelievably, they were sued for voicing their fears that the clerics could be rehearsing or preparing to execute a hijacking. These honestly concerned passengers found themselves as defendants in lawsuits that were filed in March.

The existence of this lawsuit clearly illustrates how unfair it is to allow private citizens to possibly be intimidated into silence by the threat of litigation. Would that alert clerk in the store have come forward if he thought there was a chance he was going to be sued? Would the passengers have spoken up if they had anticipated there would be a lawsuit filed against them? Even if such suits fail, they can expose citizens to heavy costs in time and legal fees.

Our bill would provide civil immunity in American courts for citizens

acting in good faith who report threats to our transportation systems.

The bill would encourage people to pass on information to appropriate transportation system officials and employees, to law enforcement or transportation security officials, or to the Departments of Homeland Security, Justice, or Transportation, without fear of being sued just for doing their civic duty.

Only disclosures made to those responsible officials and employees would be protected by the legislation's grant of immunity. Once a report is received, those officials would be responsible for assessing its reasonableness and determining whether further action is required. If these officials take reasonable action to mitigate the reported threat, they, too, would be protected from lawsuits. Just as we should not discourage reporting suspicious incidents, we also should not discourage reasonable responses to them.

Let me make very clear this bill does not offer any protection whatsoever if an individual makes a statement that he or she knows to be false. No one will be able to use this bill, should it become law, as I hope it will, as a cover for mischievous, vengeful, or biased falsehoods.

Our laws and legal system must not be hijacked to intimidate people into silence or to prevent our officials from responding to terrorist threats. Protecting citizens who make good-faith reports--and that is an important qualification in this bill--protecting citizens who make good-faith reports of potentially lethal activities is essential to maintaining our homeland security.

Our bill offers protection in a measured way, that discourages abuses from either side. I urge my colleagues to support it.

Senator Lieberman and I have been holding a series of hearings, starting last year, in the Homeland Security Committee, to look at the threat of home-grown terrorists, domestic radicalization. We have learned a lot in the past 6 months. What we have learned has only strengthened my determination to push ahead with this bill.

The fact is, each of us has an important responsibility. The fight against domestic terrorism--or, indeed, any kind of terrorism--requires the active involvement of the citizenry of this country. It is not a fight that can be left simply to law enforcement. We simply could never have a sufficient number of law enforcement or intelligence officials to take care of every threat. Indeed, the foiled threat at Fort Dix shows us how important citizen involvement is.

I think this is a reasonable bill. It requires this immunity would be granted only for reports made in good faith. This would help encourage passengers on airlines and on trains to report suspicious activities. I think that is a necessary protection in this day and age.

Mr. President, I rise today with my friends Senators Durbin and Snowe to reintroduce the Mom's Opportunity to Access Help, Education, Research, and Support for Postpartum Depression, MOTHERS, Act.

Senator Durbin has been and continues to be a leader on this issue and I am grateful for the opportunity to work with him on this important legislation. I would also like to recognize Representative Rush, who has been a champion for women battling

postpartum depression, PPD, in the House for many years. I am proud to say that his bill, The Melanie Stokes Postpartum Depression Research and Care Act, shares the same goals as the MOTHERS Act.

Mr. President, in the United States, 10 to 20 percent of women suffer from a disabling and often undiagnosed condition known as postpartum depression. Unfortunately, many women are unaware of this condition and often do not receive the treatment they need. That is why I am introducing the MOTHERS Act, so that women no longer have to suffer in silence and feel alone when faced with this difficult condition.

Last year, the great State of New Jersey passed a first of its kind law requiring doctors and nurses to educate expectant mothers and their families about postpartum depression. This bill was introduced in the State legislature by State Senate President Richard Codey. The attention of Senator Codey and his wife, Mary Jo Codey, who personally battled postpartum depression, have brought to the issue is remarkable. Brooke Shields, a graduate of Princeton University, has also shared her struggle with postpartum depression publicly and should be commended for her efforts to bring awareness to this condition. Postpartum depression affects women all across the country, not just in New Jersey, and that is why I believe the MOTHERS Act is so important.

In America, 80 percent of women experience some level of depression after childbirth. This is what people often refer to as the ``baby blues.'' However, each year, there are between 400,000 and 800,000 women across America who suffer from postpartum depression, a much more serious condition. These mothers often experience signs of depression and may lose interest in friends and family, feel overwhelming sadness or even have thoughts of harming their baby or harming themselves. People often assume that these feelings are simply the ``baby blues'', but the reality is much worse. Postpartum depression is a serious and disabling condition and new mothers deserve to be given information and resources on this condition so, if needed, they can get the appropriate help.

The good news is that treatment is available. Many women have successfully recovered from postpartum depression with the help of therapy, medication, and support groups. However, mothers and their families must be educated so that they understand what might occur after the birth of their child and when to get help. This legislation will require doctors and nurses to educate every new mother and their families about postpartum depression before they leave the hospital and offer the opportunity for new mothers to be screened for postpartum depression symptoms during the first year of postnatal check up visits. It also provides social services to new mothers and their families who are suffering and struggling with postpartum depression. By increasing education and early treatment of postpartum depression, mothers, husbands, and families, will be able to recognize the symptoms of this condition and help new mothers get the treatment they need and deserve.

The MOTHERS Act has another important component. While we continue to educate and help the mothers of today, we must also be prepared to help future moms. By increasing funding for research on postpartum conditions at the National Institutes of Health, we can begin to unravel the mystery behind this difficult to understand illness. The more we know about the causes and etiology of postpartum depression, the more tools we have to treat and prevent this heartbreaking condition.

We must attack postpartum depression on all fronts with education, screening, support, and research so that new moms can feel supported and safe rather than scared and alone. Many new mothers sacrifice anything and everything to provide feelings of security and safety to their innocent, newborn child. It is our duty to provide the same level of security, safety and support to new mothers in need.

Mr. President, I have come to the floor to introduce S. 1368, a bill to reauthorize a Federal-State partnership known as the Denali Commission. This Commission plays a crucial role in the development of basic infrastructure for communities in rural Alaska.

The Denali Commission was originally established by Congress in 1998. The unique structure of the Commission ensures the most efficient allocation of Federal funds, as it caps administrative expenses at 5 percent and capitalizes on the use of strategic partnerships. Over the course of the past decade, the Commission has partnered with Federal and State agencies, tribal organizations, and local communities to address the unique challenges associated with living in Alaska. In just a short period of time, the Commission has improved the living conditions of rural Alaska by providing job training, teacher housing and funds to improve options for handling solid waste. The bulk fuel projects undertaken by the Commission have reduced the costs of rural energy. The health clinics have increased the availability of health services to rural villages that are isolated from metropolitan areas. There are 240 Alaska Native Villages, and over 100 communities have been served by the Denali Commission.

Although the Denali Commission has made tremendous strides to ensure rural Alaska has basic living conditions, there still is work to be done. Many of the rural communities have no roads and their transportation infrastructure is deteriorating. Numerous villages can only be accessed by water, and the docks in the communities are in desperate need of repair. The projects conducted by the Denali Commission not only keep communities connected to mainstream Alaska, projects also foster economic growth. The unemployment rates in many villages remain above 50 percent. The high cost of basic needs, such as milk and oil, coupled with public infrastructure that is comparable to developing nations create difficult circumstance in rural Alaska. The Denali Commission is our best hope for properly addressing these issues and meeting the needs of Alaskans.

The continuation of the Denali Commission's presence in rural Alaska is of critical importance to the future of rural Alaska. The bill I introduce today would reauthorize the Denali Commission for 5 years, through fiscal year 2014.

Other provisions of this bill would also amend the Denali Commission Act of 1998 to make the Commission stronger and more efficient.

Senator Murkowski is an original cosponsor of this legislation, and it is our hope the Senate will act quickly to reauthorize the Denali Commission.